Articles Posted inDivorce / Dissolution of Marriage

Unfortunately, divorce has become a common reality in our society and in the State of Florida, and it has far reaching impacts for individuals, couples, and their children. Twenty percent of divorces are highly contested, causing courts to label these cases as “high conflict,” meaning that there is a troubling trend in communication style between the parents of the children in the case. With intervention, almost 80% of those “high conflict” cases improve and parties are able to address the needs of their children as a team.

Being in a high conflictFlorida divorce, throughout the process and after, can be physically and emotionally damaging to the spouses and children. Improving your communication is the single most effective strategy to long term growth in co-parenting conflict. So, how can co-parents improve how they communicate? There are a variety of strategies that can be used to reduce conflict and anxiety. That being said, if you are in fear for your safety or your child, then your best course of action is to remove yourself and your children from danger.

First, stop building a case against your ex, former spouse, or former partner. Judges do not look favorably on parents having long text exchanges that start out discussing the children, and end up in name calling. Requiring your former spouse to only communicate in writing is also unhealthy. In situations where you feel that you need to memorialize a conversation, a follow up email to your co-parent detailing what you discussed in a phone call is more appropriate. Having an experienced Jacksonville Florida Family Law Attorney to conduct the litigation on your behalf is the best tool to helping improve your communication with your co-parent. Leave the lawyers to do their job, and focus on your child in your communication with your co-parent.

For many people, when you and your spouse are getting divorce, the last thing that seems possible is that you will come to agreements about how life will work once you are divorced. Florida courts, however, routinely order that couples attend a Florida Family Law Mediation to work out their differences. Many times, our clients will ask, “why do I have to go to mediation?”

The short answer to that question is simple, “because it works.” Another answer would be because it is ordered by the Judge. Research has indicated that when spouses can have some input and control over the outcome of the divorce that both sides tend to work better at holding to that agreement and being more satisfied than if the judge decides. Mediation in Florida divorces is an opportunity for each spouse to communicate through a third party over how each spouse’s finances, parenting responsibilities, timesharing with the children, and assets can be split based on the priorities of the family. Mediation occurs in a casual office like setting, so the environment is more comfortable for reaching agreements as opposed to the formality of the agreements. Additionally, you and your spouse usually sit in separate rooms with your respective attorney, and the mediator, who is typically a lawyer or counselor trained in family law, talks to both sides individually to help create an agreement for the future of this family. Also, at mediation, everything that you say is confidential, and negotiations can not be used against in court later, so this gives each side freedom to make offers to find a resolution and not worry that their words will come back to haunt them in front of the judge.

In addition, when it comes to timesharing with your shared children, you can craft a parenting plan that is not only going to work for the particular needs of both parents, but it is focused on the needs of the children. For example, maybe your soon-to-be former spouse has an work schedule where the work overnight shifts, mediating a parenting plan can help to take those considerations into account when you and spouse come to an agreement about how to maximize time with the kids and parents, considering the work hours of both parents.

The dissolution of a marriage can be a frightening and stressful ordeal that many divorcing couples might not be emotionally equipped to handle on their own. Because emotions run high, even for the spouse who is seeking the break-up of the marriage, unresolved issues that led to a divorce often-times takes years to resolve. These problems are compounded when children are involved and add additional emotional issues that can led to severe complications for both parents and children. Divorce can be one of the most difficult, life altering events that can take place in a person’s life. The judicial process, once initiated can also be a daunting reality which adds to the emotional stress experienced by one or more of the spouses. The final outcome in divorce matters is usually decided by the courts if mediation does not present a remedy for the parties involved. Having an effective opportunity to resolve differences is usually not experienced during divorce proceedings without the guidance from an experienced attorney. At Wood, Atter and Wolf, we have experienced first-hand, the pain and suffering endured when clients are not guided in the right direction. We understand that unresolved issues stemming from an unsuccessful marriage can bleed over into the experience divorced couples endure after the legal issues have been resolved. We try to guide our clients towards, not only a successful outcome, but ways former spouses and children can deal with the trauma of divorce and find common ground moving forward. We find that the quicker you can put anger and unresolved issues behind, the sooner all parties will be happier and enjoy fulfilled lives again. This is why we encourage a collaboration between divorcing couples, working through their differences and trying to proceed with the interests of both parties in mind. While seeking an amicable solution, many formerly married couples can become happy singles again.

Roadblocks for Divorcing Couples

In most divorce cases, unresolved issues left on the table can feed over into post-divorce issues that complicate and exacerbate even simple matters. Just because a divorce decree has been finalized doesn’t always mean that all parties have moved on emotionally. Especially when children are involved, parents with new co-parenting roles should try and develop a shared communication allowing parents to work together in the mutual best interest of the children. At Wood, Atter and Wolf we try and promote an ever evolving, harmonious relationship between former spouses focusing on what is truly important, the future, rather than mistakes made or regrets of the past.

You didn’t need a lawyer when you got married, so many times people feel like they don’t need a lawyer to get divorced. This, however, is not typically the best approach. Most divorces have at least one issue that is a legal matter. Whether it is alimony, child timesharing, child support, dividing the marital home or assets, it is important to speak to a Florida family law attorney to guide you through the law that exists pertaining to the legal issues that are in your case. While many couples feel that they can fairly and equally divide their assets, the truth is once dollar signs begin getting assigned, self interest begins to override the fairness principle. Having an attorney that you can rely on to be looking out for your best interest is your best approach, as the attorney should be aware of how a judge or magistrate will most likely rule in your case, and can advise you appropriately.

But lawyers are so expensive?! It’s true that the hourly rate of many lawyers seems staggering at first glance, and those hours pouring over your file and the details of your life add up. The question for most clients is what are the costs associated with retaining an attorney? In Florida, unlike personal injury cases,divorce cases cannot be taken on a contingency basis, meaning unless you win, you don’t pay. Rather, Florida divorce attorneys typically take a retainer, basically a down payment for services, where the lawyer charges against the amount of your retainer, and when that is depleted, they either ask for an additional retainer or charge you monthly based on the work that they perform. This can include preparing motions, drafting pleadings, taking phone calls with opposing calls, attending court hearings or mediations. There are other tasks that lawyers charge for as well such as researching your specific legal issue that may be complex, updating you with the status of your case, and writing letters or emails. This is not an exhaustive list of what lawyers, but rather the most commonly seen things that clients see on their bill. When speaking with an attorney about retaining their services, it is important to weigh many factors. It’s important to feel a good rapport with your attorney, this relationship must be built on honesty and similar mindset for your case. When you are interviewing a lawyer, the lawyer is also interviewing you to determine if you are the right type of client for them. It’s also very important to consider their experience in life and in law.

In the State of Florida, ending a marriage (otherwise referred to as a Florida divorce) is a difficult decision, and it may takes months or even years for either party to come to the realization that things are not working anymore. Research indicates that many couples give the holiday season or the summer for “one last shot” at making things work, and ultimately when things don’t work, they find that divorce is the only option. A recent University of Washington study indicates that there are particular times of year that divorce filings increase, specifically, the months of March and August. Over 15 years of analysis, the State of Washington demonstrated increased filings in spring and late summer that these times of year are when individuals tend to make the decision to end their marriage. Interestingly, the study indicates a similar trend throughout the United States, including Florida. While there are trends, the selection of the month or time of year to file a Florida divorce action is up to the party filing the divorce action.

While divorce is a year round consideration, it makes sense that these two months are the highest filing times for divorce. First, considering the needs of the children is important to parents when deciding to divorce. Holidays and summer vacation bring times of optimism that “things will get better,” and when they don’t, couples turn to make the final decision. This “domestic ritual” calendar is important, researchers say, because it governs family behavior that they don’t want disturb during the initial stages of divorce. From a real life examination, it makes sense no one wants to splitting up their house with summer plans and back to school around the corner. There are too many unknowns. In addition, the high stress and emotional times in holidays also

Second, spouses need to find time to meet and interview lawyers. Once the children return to the routine, these provide opportunities for unhappy spouses to make the time to sit down with an experienced Florida family law attorney to discuss their legal priorities and options This is very important step that every spouse, because being educated as to what to expect and how to approach the divorce process should include an experienced attorney who can advise and advocate on behalf of your rights. Every family and even each spouse has different priorities to consider when it comes to what they hope to receive in a divorce. Knowing that the kids are back to their routine, gives parents a chance to consider how to make the necessary changes while the kids have stability of a scholastic calendar.

Back to school is an exciting and hectic time for families. New school, new classroom, new teacher, but what if the same old situation exists with your co-parent where communication has hurdles, challenges, and yes disputes? Some families seem to do it seamlessly, by splitting the supplies list, attending orientations together, and sharing in the excitement of a new beginning. Others have more difficulty.

How can you help your children prepare to return to school with an uncooperative co-parent? First, know your parenting plan. Reading and comprehending the Parenting Plan entered in your case defines your timesharing, responsibilities, share of expense, and how the academic calendar affects your co-parenting relationship. These orders are typically routine and frequently addressed issues are set forth, and the order should provide guidance to navigate the path back to school. At times, however, nuances and inferences can lead to issues where parents can find themselves disagreeing over simple issues. Speaking with an experienced family law attorney at the law firm Wood, Atter & Wolf, P.A. to assist you in understanding what your rights and responsibilities are can provide invaluable guidance for the benefit of you and your children. At Wood, Atter & Wolf, P.A., we have been On Your Side – At Your Side since 1957.

Second, start planning early. The academic calendar for your county is readily available on the school district website. Each year has slight changes and every county is different. It’s important to look at the upcoming calendar, school supply list, and be informed so that you can be prepared for discussions regarding your children’s enrollment.

Summer vacation is a great time for making memories and posting online to show off the special time you shared as a family on social media. But sometimes, the posts that spouses or former spouses post on social media can come back to cause problems for your divorce or post dissolution case. When parents get divorced, sometimes communication becomes less about talking about the issues facing the two people splitting up and more about building a Floridafamily law case. This is problematic, especially when there are children that can get caught in the middle of two adults fighting. Anger can also be a strong motivator for you or your former partner to start trolling the internet looking for information to use against each other.

While in the past, scorned partners could speak ill of the “bad partner” to friends or co-workers to garner support, social media has changed it so an angry former partner now has a global platform to spread dirty laundry, even if it’s not true. Worse than that, photos or postings can be taken out of context only to make a person look like they are doing things that are not even accurate.

The effect of social media has certainly spilled over into Florida legal cases involving divorce, modification, child support, child custody, parenting plans, relocations plans, and other matters. Technology has also affected how things are done. Now, a child can be called and tracked on a mobile phone. As such, both social media and technology can be a tool and can also be a weapon in the context of a contested family law matter. Based in Jacksonville, Florida, the law firm Wood, Atter & Wolf, P.A. can connect you with a family law attorney in the practice to advise you and represent you in divorce and post divorce family law matters.

When spouses separate and the Florida divorce is final, one party usually takes full ownership of the marital home. For one party to have full legal title to the, now, former marital home, the other party must sign a quit claim deed transferring his or her interest in the property to the other party.

Based in Jacksonville, Florida, the law firm of Wood, Atter & Wolf, P.A. is experienced in disputes and issues regarding the marital home and the failure to pay the mortgage payment. Certainly, any issue regarding the former marital home and the stability of the living environment should be addressed in a timely manner through legal representation when necessary.

If the spouse living in the former marital home is not the only spouse listed on the note with the lender (bank), then that possessing party must either refinance the note in order to remove the other spouse or obtain a new loan solely in the possessing party’s name. Usually, the parties will agree that whoever remains in the Florida marital home will refinance the home but the court can also order a party to do so or, at least, attempt to do so. It is ultimately the decision of the lender to agree to refinance the note and mortgage and remove one of the parties from the original agreement. Often, the lender will not agree to refinance the home; therefore the spouse who was awarded the home must obtain a new loan to pay off the existing loan. In order for a party to obtain a new loan, the party must qualify for such a loan according to each lender’s terms and requirements. Usually when a couple purchases a Florida home, the amount of the note and mortgage is based on individual’s income. Being recently divorced and not having that second income may make it difficult to obtain a new loan for the same house because the debt to income ratio that lenders look at and rely on has now changed.

Who watches the television show “Married at First Sight?” (I’m raising my hand if you can’t see me.) For all the fans out there, you know that Season 4 of “Married at First Sight” took place in Miami, Florida. Out of the three couples that married at first sight, one couple decided to get divorced at the end of the show. Well, that particular couple decided to get divorced after the honeymoon but the divorce did not take place until the experiment concluded.

As the experts say from the beginning of the show, the marriages are real and so are the divorces. Even though the couples may only be married for eight weeks, they still must go through the same steps as the general public in order to have their divorces finalized. Most likely, for Season 4 couples a simplified dissolution of marriage, as the Florida courts call it, is all that is needed to divorce the couples.

A simplified Florida divorce has a few requirements which each couple of “Married at First Sight” meets. I am sure the show screens their participants in accordance with these requirements. First, the couple must both agree to use the simplified divorce procedure. If one party decides that he or she does not consent to the simplified divorce procedure then the parties must follow the more traditional route for getting divorce.

The attorneys and staff at Wood, Atter & Wolf, P.A. respect and salute our military and their families here in Jacksonville, Florida. This is not only because they are serving our country and protecting all of us, but also because during their time in Jacksonville, military families are vital members of our community. As with any Florida family, military families face difficulties, but the issues they experience are unique as the life of service member and their family presents different challenges. Additionally, obtaining a family law attorney who is experienced in Florida and Federal law, as it applies to military divorce is a must to ensure that your divorce is handled in the most appropriate way.

Based in Jacksonville, Florida, the attorneys at Wood, Atter & Wolf, P.A. represent clients in family law matters that relate to divorce, child support, alimony, adoption, modification, custody, visitation, time sharing, and other issues. Since 1957, Wood, Atter & Wolf, P.A. has been serving its clients in North Florida including the counties of Duval, Clay, Nassau, Baker, and St. Johns County.

First, laws such as the Soldiers and Sailors Civil Relief Act, 50 UCS §521, as applied with Florida law, allows for the protection of a service-member from being found in default of an action during his or her active duty, and up to 60 days after, so that the military spouse is not found in default while serving our nation. This protection may be waived by the service-member, if they so agree.